Introduction to Virginia's Judicial System

What are courts?

Courts are part of the judicial branch of government and responsible for interpreting laws when a
law is broken or there is a dispute. Courts hear criminal, civil, juvenile, domestic, and traffic cases.

How are courts organized in Virginia?

The Supreme Court of Virginia is one of the oldest continuous judicial bodies in the United
States. Its roots are deep in the English legal system, dating to the early seventeenth century
as part of the Charter of 1606 under which Jamestown, the first permanent English settlement
in North America, was established. In 1623, the Virginia House of Burgesses created a five-man
appellate court which met quarterly to hear appeals from the lower courts. At the close of the
Revolutionary War, the court system was reorganized.

Today, the system includes four levels of courts: the Supreme Court, the Court of Appeals, the
Circuit Courts, and the District Courts. In addition, magistrates serve as judicial officers with
authority to issue various types of processes. In Juvenile & Domestic Relations (J & DR) District
Courts, intake officers serve as officers of the court with authority set forth in Virginia law.

Virginia's judicial system is represented in the figure below:

There are 32 judicial districts in Virginia and every city and county in Virginia has a General
District Court and a J & DR District Court. Shown in the map below are Virginia’s judicial circuits
and districts.

Most cases enter Virginia’s judicial system through magistrates who determine whether there is
probable cause to believe an offense has been committed. In juvenile courts, most cases enter
through intake officers who review complaints and determine whether there are enough facts to
involve the court.

As the name suggests, Juvenile and Domestic Relations District Courts have authority in
matters related to juveniles and to domestic relations. The term “domestic relations” refers to
family relationships.

Decisions in District Courts – both General and J & DR – may be appealed to the Circuit Court.

The Court of Appealshears appeals of decisions of Circuit Courts and cases from certain state
agencies.

The Supreme Court of Virginia reviews decisions of the Court of Appeals and lower courts and
handles matters related to the operation of Virginia’s judicial system.

What does a magistrate do?

The main job of the magistrate is to provide an independent, unbiased review of complaints
brought to the office by police officers, sheriffs, deputies, and citizens and determine whether
there is probable cause for a warrant or summons to be issued. “Probable cause” is a reasonable
belief based on facts that would cause a reasonable person to feel that the accused committed
the offense.

Magistrates can issue arrest warrants, summonses, bonds, search warrants, subpoenas, and civil
warrants. Another important duty is to conduct bond hearings to set bail in instances in which
an individual is charged with a criminal offense. A magistrate may also accept prepayments for
traffic infractions and minor misdemeanors.

What does an intake officer do?

J & DR District Court intake officers receive and review complaints and determine whether there
are enough facts to involve the court. They are authorized to handle cases informally or may
authorize filing a petition to bring the matter before the judge. They are also authorized to
detain juveniles when necessary. Intake officers do not handle criminal charges against adults
that come into the juvenile court; these go through the magistrate.

How do General District Courts operate?

There is a General District Court in every city and county in Virginia. A General District Court
decides all criminal offenses involving ordinances, laws, and by-laws of the county or city in
which it is located and all misdemeanors under state law. A misdemeanor is any charge which
carries a penalty of no more than one year in jail or a fine of up to $2,500, or both.

General District Courts do not conduct jury trials. All cases are
heard by a judge. Each defendant in a criminal case is presumed
innocent until proven guilty beyond a reasonable doubt. Upon
consideration of evidence, the judge first decides the question
of guilt or innocence. If the defendant is found guilty, the judge
then determines the penalty. The Code of Virginia defines
criminal offenses and the range of penalties to be imposed.

General District Courts also decide civil cases in which the
amount in question does not exceed $25,000. Civil cases vary
from lawsuits for damages sustained in automobile accidents
to lawsuits by creditors to receive payment on past due debts. Claims of less than $5,000 are
sometimes heard in what is referred to as “small claims court.”

Traffic cases are also heard in General District Courts. In addition to any fine that the judge
imposes, those convicted of certain traffic violations will have “points” assessed against their
driver’s licenses by the Virginia Department of Motor Vehicles. Excessive points can result in a
license being suspended or revoked.

General District Courts also hold preliminary hearings in felony cases (that is, any charge that
may be punishable by more than one year in jail). These hearings are held to determine whether
there is sufficient evidence to justify holding the defendant for a grand jury hearing. The grand
jury determines whether the accused will be indicted and held for trial in the Circuit Court.

In 2007, Virginia General District Courts dealt with more than 3.3 million cases.

Decisions in a General District Court may be appealed to the Circuit Court. Cases appealed to
the Circuit Court are reheard de novo. This means that cases are heard as completely new cases;
all evidence is reheard and a decision is made based on the evidence.

How do Juvenile and Domestic Relations District Courts operate?

It is important to understand that J & DR District Courts differ from
other courts. The welfare of the juvenile and the family, the safety
of the community, and the protection of the rights of victims are the
highest concern in the court’s proceedings. In addition to protecting
the public and holding juvenile offenders accountable for their
actions, J & DR Courts have a duty to protect the confidentiality and
privacy of juveniles coming before the court and a commitment
to rehabilitate those who come before the court. Because of the
confidentiality laws, the clerk’s office can only provide limited
information about a case and then only to those people involved with the case. In other respects,
J & DR Courts generally have the same requirements and provide the same safeguards as other
courts. This court does not, however, conduct jury trials. All cases are heard by a judge.

J & DR Courts in Virginia handle cases involving:

juvenile delinquency and status offenses;

juveniles accused of traffic violations;

children in need of services or supervision;

children who have been subjected to abuse or neglect;

adults accused of child abuse or neglect, or of offenses against members of their own family or household members (juvenile or adult);

adults involved in disputes concerning the visitation, support, or custody of a child;

spousal support;

abandonment of children;

foster care and entrustment agreements;

court-ordered rehabilitation services; and

court consent for certain medical treatments.

In Virginia,

a juvenile is any person under 18 years of age.

a delinquent is a juvenile who has committed an act which would be a crime if committed by an adult.

a status offender is a juvenile who has committed certain actions which, if committed by adults, would not be considered criminal offenses – such as a curfew violation.

a child in need of supervision is one who engages in truancy or habitually runs away from home.

a child in need of services is one whose behavior, conduct, or condition poses a risk of harm to himself or herself or to another person.

In 2007, Virginia J & DR District Courts dealt with more than 540,000 cases.

Decisions in a J & DR Court may be appealed to the Circuit Court. Cases appealed to the Circuit Court are reheard de novo. This means that cases are heard as completely new cases; all evidence is reheard and a decision is made based on the evidence.

What does a Circuit Court do?

Circuit Courts have jurisdiction over the following:

Civil actions:

exclusive original jurisdiction in claims exceeding $25,000; concurrent jurisdiction with
General District Courts in claims over $4,500 but not exceeding $25,000

Criminal cases:

all felonies, and offenses that may be punished by commitment to the state prison

misdemeanor charges originating from a grand jury indictment

transfer or certification of felony offenses committed by juveniles

Appeals:

appeals from the General District Court or J & DR District Court

appeals from certain administrative agencies

The Circuit Court judge can convene a grand jury.

Decisions of the Circuit Court may be appealed to the Virginia Court of Appeals. In 2006-2007,
more than 188,000 criminal cases and 96,000 civil cases were dealt with in Circuit Courts in
Virginia.

What are grand juries?

Grand juries serve two purposes:

to consider indictments prepared by the Commonwealth’s
Attorney (the grand jury determines whether there is
probable cause to believe that the person accused has
committed the crime charged in the indictment and should
stand trial), and

to investigate and report concerning any condition which
involves or tends to promote criminal activity, either in
the community or by any governmental authority, agency,
or official. The grand jury has subpoena powers and may
summon persons, documents, or records needed in its investigation.

The grand jury hears only the commonwealth’s side of the case and does not determine the guilt
or innocence of the accused.

A regular grand jury is composed of five to seven citizens of the city or county in which
the Circuit Court is located; it is convened at each term of the court to consider indictments
prepared by the Commonwealth’s Attorney (the grand jury determines whether there is probable
cause to believe that the person accused has committed the crime charged in the indictment
and should stand trial).

Members of the grand jury must

be citizens of Virginia at least 18 years of age,

have been residents of the state for at least one year, and

have been residents of the county or city in which they are to serve for at least six months.

Citizens selected by the Circuit Court judge are to be “of honesty, intelligence, and good demeanor.”

A special grand jury is composed of seven to 11 citizens and is summoned by the Circuit
Court to investigate and report any condition which involves or tends to promote criminal
activity, either in the community or by any governmental authority, agency, or official thereof.
A special grand jury may be impanelled by the Circuit Court (1) at any time upon the court’s
own motion, or (2) upon the recommendation of a minority of the members of a regular grand
jury. A special grand jury must be impanelled upon the recommendation of a majority of the
members of a regular grand jury. A special grand jury may also be impanelled at the request
of the Commonwealth’s Attorney.

The qualifications for members of a special grand jury are the same as for a regular grand jury.

What does the Court of Appeals do in Virginia?

The Court of Appeals of Virginia provides for review of decisions of the Circuit Courts in traffic
infractions, in criminal cases except where a sentence of death has been imposed, and in Circuit
Court cases involving domestic relations matters. The Court of Appeals also hears appeals from
administrative agencies and the Virginia Workers’ Compensation Commission. Decisions of the
Court of Appeals can be appealed to the Supreme Court of Virginia.

Eleven judges serve on the state Court of Appeals. The Court sits at locations designated by
the chief judge so as to provide convenient access to the various geographic areas of the
Commonwealth. The court sits in panels of at least three judges, and the membership of the
panels is rotated.

In 2007, the Virginia Court of Appeals dealt with more than 3,000 cases.

What does the Supreme Court of Virginia do?

The primary function of the Supreme Court of Virginia is to review decisions of lower courts.
Other cases also handled by the Supreme Court include those involving corporations, the
conduct of attorneys and judges, and the performance of other public officials.

In 2007, the Virginia Supreme Court acted upon more than 2,800 cases.

How does someone become a judge in Virginia?

The judges of Virginia’s District Courts are elected by a majority vote of each chamber of the
General Assembly for terms of six years. Vacancies in District Court judgeships occurring when
the General Assembly is not in session are temporarily filled by the Circuit Court judges of the
corresponding circuit until the General Assembly is back in session.

The judges of Virginia’s Circuit Courts are elected by a majority vote of both chambers of the
General Assembly for terms of eight years. The governor makes interim appointments when the
General Assembly is not in session, but these appointments are subject to confirmation by the
General Assembly at the next regular session.

The 11 Court of Appeals judges are elected and receive interim appointments in the same
manner as the Circuit Court judges. They serve a term of eight years. The chief judge is elected
by a vote of the 11 judges for a term of four years.

The Supreme Court of Virginia is composed of seven justices elected by a majority vote of each
chamber of the General Assembly for a term of 12 years. Interim appointments are made by
the governor subject to confirmation by the General Assembly at the next regular session. As
prescribed by law, the Chief Justice is chosen by the majority vote of the seven justices.

What are drug courts?

In Virginia, drug courts are not separate courts but are specialized court dockets within the
existing structure of the court system. Those convicted in drug and drug-related cases are
closely monitored and strictly supervised while they undergo intensive treatment for drug
addiction.